Right To Information & Obligation of Public Authority

RIGHT TO INFORMATION

Introduction:

The Right to Information (RTI) serves as a critical pillar of a well-functioning democracy. By empowering citizens with access to information held by public authorities, RTI fosters transparency, good governance, and active citizen participation. This article provides a comprehensive analysis of the key principles enshrined within the Right to Information Act, 2005. It disscusses both the rights bestowed upon citizens and the corresponding obligations incumbent upon public authorities.

We start by examining the legal definitions of "information" and "Right to Information" as established by the RTI Act. Subsequently, we delve into the specific rights granted to citizens under the Act. This includes the ability to inspect documents, obtain certified copies, and access information in various formats. Following this, the focus will shift towards the obligations placed upon public authorities. These obligations encompass maintaining well-organized records, proactively publishing essential information online, and providing justifications for administrative decisions. By fostering a thorough understanding of both the rights and obligations outlined within the RTI Act, both citizens and public authorities can work collaboratively to cultivate a more transparent and accountable government.

Understanding "Information" and the Right to Access It

The RTI Act establishes a clear definition of "information" under Section 2(f). It encompasses a wide range of content formats, including records, documents, emails, opinions, press releases, and even electronic data. Essentially, it refers to any content that a public authority holds or has access to under existing laws. This broad definition ensures that a significant amount of information is potentially accessible to citizens, empowering them to hold public institutions accountable and participate meaningfully in democratic processes.

Section 2(j) of the Act further clarifies the concept of the "Right to Information." It signifies the legal right to access information held by public authorities, as outlined within the Act's framework. This right goes beyond simply obtaining information; it empowers citizens to actively engage with the functioning of public authorities and hold them accountable for their decisions. The Act grants citizens specific rights, such as:

• Inspecting government documents and records to gain a firsthand understanding of decision-making processes.

• Taking notes, extracts, and certified copies of these documents to facilitate deeper analysis and potential use as evidence in public interest litigation.

• Obtaining certified samples of material related to the information requested, is particularly relevant in situations where physical samples hold crucial information.

• Accessing information in electronic formats, including printouts or data storage devices, catering to the evolving technological landscape and ensuring accessibility for citizens who prefer digital formats.

Section 3: A Fundamental Right Enshrined in Law

Section 3 of the RTI Act is a landmark provision. It declares that all citizens have the right to information, subject to the Act's limitations. This legal recognition empowers citizens and underscores the importance of transparency in governance. By recognizing RTI as a right, the Act establishes a framework for holding public authorities accountable and ensuring that information is not arbitrarily withheld. This empowers citizens to be vigilant about potential misuse of public funds or resources and corruption within government bodies.

Obligation of Public Authority

Having discussed the citizen's right to access information, let's shift our focus towards the corresponding obligations placed upon public authorities by the RTI Act. Understanding these obligations is crucial, as they form the bedrock of a transparent and accountable government system.

Who are Public Authorities?

The RTI Act clearly defines "Public Authority" under Section 2(h). It includes a wide range of entities, which are:

• Anybody or institution established by the Constitution or by any law made by the Parliament or State Legislature.

• Bodies notified or constituted by the government.

• Non-government organizations are substantially financed by the government.

This broad definition ensures that a significant portion of entities entrusted with public functions falls under the purview of the RTI Act. By including NGOs that receive substantial government funding[1], the Act promotes transparency even in entities that are not directly part of the government apparatus.

Section 4. Obligation of public Authorities:

Section 4 of the RTI Act provides the obligations of public authorities. Accordingly, Every public authority shall-

      I.  Maintain all its records:

Every Public authority shall maintain all its records catalogued and indexed in a manner and form that facilitates the RTI under the Act and ensure that all records that are appropriate to be computerised are within a reasonable time and subject to the availability of resource, computerized and connected through a network all over the country on different systems so that access to such records is facilitated.

   II.  Publish within 120 days from the enactment of this Act-

(i)  Particulars: The particulars of its organisation, functions and duties;

(ii)   Power & Duties: The power and duties of its officers and employees;

(iii)  Procedure in Decision making: the procedure followed in the decision-making process, including channels of supervision and accountability;

(iv)   Discharge of its functions: the norms which are set by it for the discharge of its functions;

(v) Rules Regulation used by its Employees: The rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;

(vi) Category of Document Held: A statement of the categories of documents that are held by it or under its control;

(vii) Particular of any arrangements: The particulars of any arrangements that exist for consultation with, or representation by, the member of the public in relation to the formulation of its policy or implementation thereof;

(viii) Statements: Documentation of boards, councils, committees, and similar entities, comprising two or more individuals, formed either as integral parts or for advisory purposes, along with clarification on whether their meetings are open to the public or if the minutes of such gatherings are available for public scrutiny.

(ix) A roster/directory of its officials and staff members;

(x)  Monthly Salary: The monthly remuneration which is received by each of its officers and employees including the system of compensation as provided in its regulations;

(xi) Budget of its agency: the budget allocated to each of its agency; indicating the particulars of all plans, proposed expenditures and reports on disbursements made;

(xii) The manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;

(xiii)  Particulars of recipients of concessions, permits or authorization granted by it;

 III.         Justifying Decisions: When formulating important policies or announcing decisions that impact the public, the Act mandates publishing all relevant facts and reasoning behind those choices;

 IV.         Explaining Decisions: Public authorities must furnish reasons for their administrative or quasi-judicial decisions to those directly affected;

Conclusion

The Right to Information Act (RTI) stands as a powerful instrument in the hands of citizens, fostering a more transparent and accountable democracy. By clearly defining the right to access information and outlining the corresponding obligations of public authorities, the Act empowers citizens to engage actively with their government.

Ultimately, the RTI Act fosters a collaborative environment. Informed citizens can engage in constructive dialogue with public authorities, who in turn strive for greater openness and build trust with the public they serve. The Right to Information Act serves as a cornerstone for a stronger democracy, empowering citizens and building trust in the institutions that govern them.